The Islamabad High Court (IHC) has asked the highest office to submit an affidavit that there will be no more enforced disappearances in the future. The attorney general for Pakistan has assured the court of submitting the document within a week.

Justice Mohsin Akhtar Kayani of the high court gave these remarks during the hearing of a case regarding recovery of missing Baloch students.

The judge remarked that the concept of missing persons existed only in “our countries”, while in other countries no such concept existed, adding that the notion of considering one above the law should end. The state institutions should have confidence in rule of law, and the state should not be scared of anyone as it has to deal with everyone, he added.

The court asked the highest office for an affidavit that there will be no enforced disappearances in the future. It also ordered the capital police to provide security to both protest camps of Baloch protesters. 

Attorney General for Pakistan Mansoor Usman Awan and officials of the ministries of interior and defense and police also appeared in court. The AGP told the court that the petitioner had provided a list of disappeared Baloch students out of which nine had been recovered and 15 were still missing and efforts were on to recover them.

Justice Kayani remarked that enforced disappearances occurred because state agencies did not obey the courts. The agencies must adopt a process of taking legal action against suspects. The notion of deeming oneself above the law must end, he added.

The judge further said there was no point in torturing families and keeping people detained for no reason. In such cases, the prime minister, the Interior Ministry and the Defence Ministry were responsible.

The AGP assured the court of submitting the affidavit within a week. 

Justice Kayani remarked that there will be a time when there will be action state institutions also, adding that if there were non-state actors in Balochistan, they should be tried in courts. 

Some sardars of Balochistan get ministries but don’t do anything for their people, he went on to say, adding that the courts in Balochistan must be made functional. “I don’t think anyone is asking for clean chits to be given to terrorists. Shuhada packages are announced when a state official is martyred, but everyone has a right whether he is a policeman, soldier or a citizen,” the judge remarked.

He further said that the court had ordered to allow the protesters to protest under the law and Constitution. At this the petitioner’s counsel said water canons were used against them and they were harassed.

The court said the police and deputy commissioner had assured no such thing will happen again. If ‘Baloch’ is added to an enforced disappearance, it becomes a complicated matter.

The court then directed the AGP to resolve the issues of the Baloch protesters, adding that it was the responsibility of the prime minister. 

Keep in mind that only the highest official will be held responsible, the court remarked, adding that it was the responsibility of the state to ensure that law and order is not disturbed.

There are many cases of missing persons, as agencies had picked up protesters before also, the judge said, adding that if someone is cleared of charges, there is no justification to keep them detained.

“I have not seen any missing person after being released. Only once in my nine years did a missing person turn up before my court,” Justice Kayani said. 

The court further remarked that terrorism could not stop by imprisoning people, as trials have to be conducted. “These children and women are citizens of this country and have to be protected,” he added.

The AGP then told the court the affidavit will be submitted in the Supreme Court within a week.

The court adjourned the hearing on the plea for recovery of missing Baloch students till February 13. 

Petitioner Sami Deen Baloch said their parents remembered their missing children even while dying. One person was recovered after nine years and his family was told not to say a word, she added.

Justice Kayani remarked that first let the missing persons be recovered and then they will turn towards the agency that submits the affidavit.

The court adjourned the hearing till January 13, and directed the Kohsar police station house officer to provide security to both the protest camps of Baloch protesters.